This Website and any mobile application (collectively, this "Website") is owned by Balloon Planet (also "Balloon Planet"). We are providing you with access to this Website and our online store (together, our "Services") subject to the following terms and conditions.
By browsing, accessing, using, registering for or purchasing Products on this Website or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. we reserve the right to change this Website and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access, use‚ register for or purchase Products from this Website.
You represent and warrant that you are at least 18 years old or visiting this Website under the supervision of a parent or guardian.
Subject to your compliance with these Terms‚ we grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this Website. This license grant does not include: (a) any resale or commercial use of this Website or content therein; (b) the collection and use of any Product listings, descriptions, depictions, or images; (c) making derivative uses of this Website and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Website. You may not use‚ frame or utilize framing techniques to enclose any of Our trademarks‚ logos‚ content or other proprietary information (including the depictions or images found at this Website‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ you may not use any meta tags or any other "hidden text" utilizing Our name‚ trademarks‚ or Product names or other of our intellectual property rights without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
In order to access some features of this Website‚ you may be required to register and we may assign to you, or you may be required to select, a password and user name or account identification. If you register‚ you agree to provide us with accurate and complete registration information‚ and to inform us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms, and we have no obligation to investigate the authorization or source of any such access or use of this Website. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you use this Website, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. we will communicate with you by e-mail, text, or by posting notices on this Website or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
You may have the ability to submit questions, comments, suggestions, and other information regarding this Website, us and our Products or Services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. we shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
We have no obligation to monitor any user conduct on this Website, and we reserve the right and have absolute discretion to monitor any user conduct on this Website at any time and for any reason without notice.
As between you and us‚ this Website‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Website (collectively, the "Website Content")‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors and protected by applicable copyright laws.
The use of any of Our trademarks without our express written consent is strictly prohibited. You may not use our trademarks in connection with any Product or Service in any way that is likely to cause confusion. You may not use our trademarks in any manner that disparages or discredits us. You may not use any of our trademarks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary or intellectual property rights.
You agree that all of your transactions with or through this Website may, at Our option, be conducted electronically. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for Products purchased by you on the Website pass to you upon our delivery of the Product to the premises specified on your order.
We have the right to cancel any order of Product(s) and refund any payment you have made for any reason and without your authorization.
We charge sales tax for Products ordered on this Website based on the applicable state or government sales tax rate of the location from which our delivery partner dispatches the order.
When we deliver to you or per your directions to another person, you agree to pay the delivery and processing charges shown on this Website when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any delivery and processing charges may or may not reflect actual costs.
Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, delivery, processing and any other amounts described on the Website) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
All cancellations and changes are governed by our Cancellation and Change Policy, which can be found at https://www.balloonplanet.com/balloons/noticec/.
We attempt to be as accurate as possible and eliminate errors on this Website; however, we do not warrant that any Product, Service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Website, in an order confirmation, in processing an order, delivering a Product or Service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Products or Services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for Products and/or Services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Website and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Website, or any portion of this Website, and to block or prevent your future access to and use of this Website or any portion of this Website.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Website; (b) any Feedback that you provide; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify us of any third party Claims, cooperate with us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the we shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, this Website, including all Website Content, and services provided on or in connection with this Website are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Website is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Website or our servers are free of viruses or other harmful components.
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the Product, or receive a refund for the Service under Our applicable returns and exchanges policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
We reserve the right to modify or discontinue, temporarily or permanently, this Website or any features or portions thereof without prior notice.